TRANSPORTATION a Design-Build Done Right™ Deeper Dive Addressing Unique Technical Issues in Transportation Design-Build
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Webinar Series Coming Spring/Summer 2018 KEY FACTORS TO ADDRESS WHEN CONSIDERING ALTERNATIVE PROJECT DELIVERY IN TRANSPORTATION A Design-Build Done Right™ Deeper Dive Addressing Unique Technical Issues in Transportation Design-Build Table of Contents Introduction . .3 Use of Alternative Technical Concepts (ATCs) in Transportation Design-Build . .4 Right-of-Way Acquisition in Transportation Design-Build . 11 Utilities Management in Transportation Design-Build . .19 Maintenance of Tra c (MOT) in Transportation Design-Build. 26 Environmental Analysis and Permitting in Transportation Design-Build . 30 2 Addressing Unique Technical Issues in Transportation Design-Build Introduction This publication is a Design-Build Done Right™ Deeper Dive. Vetted through contributions from Owners, designers, contrac- Deeper Dives build on concepts outlined in various other DBIA tors, lawyers and academia, this document is a comprehensive primers. Speci cally, this document builds on the following: guide for owners and design-build teams on some of the most pressing issues in transportation design-build delivery. As with • Design-Build Done Right™ Universally Applicable Best Practices all DBIA documents, broad industry input from diverse perspec- tives helps ensure that our guidance is written to ensure success • Transportation Sector Design-Build Best Practices for all – both owners and practitioners. These documents, and numerous other design-build resources, As the design-build industry continues to evolve, this Deeper Dive are available for download at www.dbia.org. will also evolve, expanding to add new topics or altered content to t industry needs and the current state of practice. DBIA recognizes that there are real-world di erences among design-build market sectors (e.g., transportation, water/waste- DBIA intends to continually update our portfolio of publications, water, federal projects and building facilities), and that issues tools and other resources so that design-build stakeholders will speci c to one sector may not apply in another. As such, DBIA have access to leading-edge information that will allow them to expects that users of design-build in the transportation sector accomplish Design-Build Done Right™. will bene t from having more detailed guidance on certain con- siderations and areas of risk that should be carefully addressed early in the design-build process. The following key areas are the focus of this publication: • Use of Alternative Technical Concepts (ATCs) • Right-of-way Acquisition • Utilities Management • Maintenance of Tra c (MOT) • Environmental Analysis and Permitting 3 Addressing Unique Technical Issues in Transportation Design-Build Use of Alternative Technical Concepts (ATCs) in Transportation Design-Build A DESIGN-BUILD INSTITUTE OF AMERICA PUBLICATION Introduction An ATC found to be acceptable to the Owner can then be incor- porated into the proposal and considered in the nal selection Design-build project delivery introduces schedule, cost and tech- process. It is important to note that an Owner may place a nical e ciencies to the development of transportation projects. conditional approval on an ATC, which after award may require One way in which projects can signi cantly bene t from the new further vetting by the Owner and design-build team. However, dynamics of integrated design and construction is by allowing an ATC – even with conditions to the approval – will most often the submission and incorporation of approved Alternative be viewed as less risky by the proposer, allowing them to o er a Technical Concepts (ATCs) into proposers’ submissions during the better price to the Owner. The ATC process allows for an e cient procurement process. way to vet innovative solutions during the pre-award phase, when the Owner will realize the maximum bene t. In contrast, Owners are required to deliver large, complex infrastructure proj- vetting solutions post award, when such solutions would gener- ects at the best value to their constituents. As the construction in- ally otherwise have to be brought forward as value engineering dustry continues to recognize the many advantages of best value proposals by the winning team, means the Owner will generally awards, compared with contracts historically being awarded to realize only a portion of the savings. Allowing the evaluation of the lowest responsive bidder, it is critical to have mechanisms in innovative ideas only post award could introduce delays and po- the procurement process that allow proposers to di erentiate tential con icts in the design; or worse, the ideas will not surface their best value solution to the project. Allowing proposers to at all due to the complications of trying to incorporate them into demonstrate their approach to add value to the project through an already winning proposal, which can result in the Owner and the use of ATCs is one very important tool for Owners to be able end-users likely receiving less than the best value. to document that di erentiation. This allows the Owner to evalu- ate potential innovation, as well as the level of commitment the Design-build has been demonstrated to be the project delivery proposer is bringing to the project, at an early stage in project method of choice for successful transportation projects for over development, often requiring minimal additional investment by 20 years. While design-build allows for the Owner to contract the Owner. with a single entity to design and construct the project, the pro- curement process does not always allow for variances from the The Alternate Technical Concept (ATC) process, coupled with pro- original program or design criteria (deviations from speci cation) prietary one-on-one meetings, provides a venue for proposers provided by the Owner in the RFP documents. and Owners to discuss innovative solutions/ideas in a con den- tial setting. The ATC concepts may be associated with design ATCs allow industry to provide innovative solutions to the criteria changes, alternate design solutions for nearly any project stakeholders’ concerns, while still working within the original component, construction methods, operations and/or mainte- programming requirements and design intent (RFP Documents). nance functions or material selection – to name just a few areas The use of ATCs allows the competing proposers to invest in where ATCs may bring value to a proposed project solution. identifying alternate solutions of equal or better value prior to submission of the proposal that bene t the Owner and their stakeholders. 4 Addressing Unique Technical Issues in Transportation Design-Build An Owner can recognize the added value the ATC brings to the Background project, including the full value of any savings realized by an approved ATC, at the time of proposal submission. This allows the In 2014, DBIA published Universal Design-Build Best Practices Owner to more fully bene t from the best value selection process and associated Implementing Techniques. As implied, these implemented. It is important to note that some ATCs may not Best Practices and Implementing Techniques are universal bring a direct cost savings, but still add signi cant value to the across all market sectors: Private, Federal, Water/Wastewater project in the form of reduced risk, lowered future maintenance and Transportation. In an e ort to provide continued guidance cost (life cycle cost improvement), enhanced delivery schedule on Best Practices, in 2015, the DBIA Transportation Committee or other forms of indirect savings to the project Owner/end users. identi ed several design-build delivery disciplines within the The Owner may realize one or more of the following additional transportation sector that are commonly considered higher risk bene ts from the incorporation of accepted ATCs into a winning or disciplines with unique consideration in design-build delivery. proposal: The disciplines are: • Improved schedule. • Alternative Technical Concepts • Cost savings. • Right-of-Way • Reduced environmental or community impacts. • Utilities • Reduced right-of-way and utilities impacts. • Maintenance of Tra c • Reduced or eliminated project risk. • Environmental Permitting and compliance • Improved project quality and performance. In the fall of 2015, DBIA published transportation-speci c Implementing Techniques that support the Universal Best • Better coordination/integration with stakeholders, traveling Practices and Implementing Techniques to be considered by public, safety and/or third party utilities. Owners and design-build teams in procurement (including planning), contract language and post-award phases of a project • Reduced operating and maintenance costs (improved life for the above disciplines. These additional transportation-spe- cycle costs). ci c Implementing Techniques, when used in conjunction with the universal DBIA Best Practices publication, provide industry At the same time, the proposer should anticipate the likelihood with a road map for the best opportunity to be successful on of receiving an improved technical rating of their proposal under design-build projects. various criteria in a best value evaluation that comes with a more competitive price, a true win/win situation. This is particularly To build on the success of the prior publications and to respond to true when compared to a Value Engineering Change Process comments received at the 2015 DBIA Transportation Conference, (VECP) that occurs post award, where savings from innovative DBIA has established additional guidance and further